HomeMy Public PortalAbout1978_09_13_R163 TOWN OF LEESBURG
IN
LOUDOUN COUNTY, VIRGINIA
RESOLUTION NO 78-163
PRESENTED September 13, 1978
ADOPTED September 13, 1978
A RESOLUTION: AUTHORIZING AN OFFER TO VIRGINIA KNOLLS COMMUNITY
ASSOCIATION FOR AN EASEMENT FOR CONSTRUCTION OF
CHANNEL IMPROVEMENTS AND AUTHORIZING CONDEMNATION
PROCEEDINGS.
WHEREAS, John W. Gibson, Trustee, has submitted a site plan
for part of Parcel M, Section 1, of Virginia Village, for the con-
struction of three Warehouses; and
WHEREAS, the site is partly included in the 100-year flood
plain as delineated by the 1973 Soil Conservation Service flood
study; and
WHEREAS, the site plan was received prior to amendment of the
Zoning Ordinance to create the F-1 Flood Zone which restricts cer-
tain development within flood hazard areas; and
WHEREAS, Council has made the construction of channel improve-
ments on Tuscarora Creek off of the Gibson property a condition of
Planning Commission approval of the site plan; and
WHEREAS, an easement of approximately 10,000 square feet is
required from Virginia Knolls Community Association for construction
of these improvements; and
WHEREAS, the proposed channel improvements will reduce the
flood hazard for town lands adjacent to Tuscarora Creek; and
WHEREAS, a permit is required from the Town of Leesburg for
construction of the portion of these improvements on town property;
and
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WHEREAS, an appraisal of the easement has been received esti-
mating its value at $1,500; and
WHEREAS, John W. Gibson, owner of part of Parcel M, Section
1, Virginia Village, has agreed to pay all costs related to
securing of the required channel improvements easement from
Virginia Knolls Community AsSociation and has posted a $3,000 cash
bond with the town to guarantee payment of such costs:
THEREFORE, RESOLVED, by the Council of the Town of Leesburg,
Virginia, as follows:
SECTION I. Virginia Knolls Community Association is hereby
offered the sum of $1,500 cash for the channel improvements ease-
ment described on the plat hereinafter referred to on condition
that title to the lands affected is free and clear of all defects,
liens, or conditions which could inhibit the use of the area for
the purposes intended; the easement will be conveyed according to
the plat and description prepared by John P. DiGiulian, Certified
Land Surveyor, by good and proper deed with the usual warranties of
title; the closing of the transaction shall be within 90 days after
written acceptance of this offer; and the Virginia Knolls Community
Association shall pay the grantor tax.
SECTION II. In the event this offer is not accepted in
writing within thirty days from receipt, the Council hereby declares
that an essential public necessity exists for the acquisition of
the easement by condemnation and right of early entry and does here-
by authorize the town attorney to file the requisite petition for
condemnation and early entry on behalf of the Town of Leesburg.
SECTION III. A permit for construction of Tuscarora Creek
channel improvements on town property in conjunction with the
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improvements required on 'Virginia Knolls Community Association
property is authorized.
SECTION IV. John W, Gibson shall be required to reimburse
the town for all legal expenses relative to the condemnation action
authorized herein, including any award for damages and value of the
easement.
PASSED this 13th day of September , 1978.
ATTEST:
Kenneth B. Rollins, Mayor
Town of Leesburg
Clerk of C~n'cil